An attorney who handles contested matrimonial cases spends a considerable amount of time on motion practice. At the outset, it may become necessary to obtain a pre-commencement sequestration order or an order for an alternative method of service of process. Motions to amend the pleadings and discovery motions are frequently necessary in divorce actions. “Pendente lite” motions for temporary maintenance, child support, counsel and expert fees, and exclusive occupancy of the marital residence are an everyday occurrence. Where custody is contested, motions for temporary custody and visitation are often made.
An attorney whose client is dissatisfied with an order determining one of these motions has the right to appeal to the Appellate Division where the motion it decided, among other things, “involves some part of the merits” or “affects a substantial right.” CPLR 5701(a)(2)(iv) and (v).
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]